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Disclaimer of Warranties and Limitation of Liability
ANY USE OF THE SITE AND/OR CONTENT REVIEWED, DOWNLOADED, LINKED TO OR PROVIDED IS AT YOUR OWN RISK.  IF DONATING, YOU AGREE YOU ARE OVER THE AGE OF 18.  INFORMATION ON USE OF THE SITE IS COLLECTED BY GOOGLE ANALYTICS.  DONATION PROCESSING IS PROVIDED BY PAYPAL.  THE SITE AND ITS CONTENT ARE “AS IS,” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ANY DUTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE.  YOU AGREE WE SHALL NOT BE LIABLE TO YOU FOR ANY AND ALL INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU THAT RESULTS FROM YOUR USE OF THIS SITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE,WHETHER KNOWN OR UNKNOWN.  IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

Release and Indemnity

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation in or posting to any Forum, you hereby agree to RELEASE, WAIVE, INDEMNIFY and HOLD HARMLESS the Tim Eggert Memorial Foundation and its officers, directors, volunteers and employees, if any, from and against any and all claims and/or liabillity arising from or in connection with your use of the Site, and third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Site or failure to abide by any applicable law.

Intellectual Property

All materials on this Site are protected intellectual property owned by the Tim Eggert Memorial Foundation, and/or by other parties that have licensed their material to us or another public or third party.  We expressly reserve all rights to the Site and its contents under U.S. and international laws. You may not copy or distribute any text, content, photograph, illustration, artwork, video, or other graphic material contained on this Site for any use without first obtaining written permission from the Tim Eggert Memorial Foundation and/or any other applicable copyright owner(s), nor may you copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of the Site, including any computer programming and/or other coding.

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